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Enterprise Act 2002

Sections 63 and 64: Questions to be decided on references under section 62 & Cancellation or variation of references under section 62

200.Section 63 provides that the CC will consider whether a special merger situation has been created, or is contemplated; whether – on the basis of the considerations set out in the reference – the merger may be expected to operate against the public interest; and make recommendations as to what action, if any, the Secretary of State or others should take to remedy any adverse effects.

201.Section 64 provides for the circumstances in which the CC or the Secretary of State may cancel or vary a reference.

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